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Enamorado v. State

District Court of Appeal of Florida, Second District.
Dec 9, 2022
352 So. 3d 528 (Fla. Dist. Ct. App. 2022)

Opinion

No. 2D21-1627.

12-09-2022

Carlos Alberto ENAMORADO, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

Howard L. Dimmig, II , Public Defender, and Richard J. Sanders , Assistant Public Defender, Bartow, for Appellant/Cross-Appellee. Ashley Moody , Attorney General, Tallahassee, and Blain A. Goff , Assistant Attorney General, Tampa, for Appellee/Cross-Appellant.


Howard L. Dimmig, II , Public Defender, and Richard J. Sanders , Assistant Public Defender, Bartow, for Appellant/Cross-Appellee.

Ashley Moody , Attorney General, Tallahassee, and Blain A. Goff , Assistant Attorney General, Tampa, for Appellee/Cross-Appellant.

SILBERMAN, Judge.

We affirm Carlos Alberto Enamorado's convictions without discussion as to the main appeal. As to the cross-appeal, we cannot address a scrivener's error that "was not preserved either before this appeal by objection in the trial court or while this appeal was pending by the filing of a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2)." Perkins v. State, 53 So.3d 1141, 1141 (Fla. 2d DCA 2011); see also Fla. R. App. P. 9.140(e). We affirm Enamorado's sentences without prejudice to any right the State may have to file a rule 3.800(a) motion in the trial court. See Williams v. State, 957 So.2d 600, 601 (Fla. 2007) ("[A] claim asserting a discrepancy between an oral and written sentence is cognizable in a rule 3.800(a) proceeding for correction of an illegal sentence.").

MORRIS, C.J., and BLACK, J., Concur.


Summaries of

Enamorado v. State

District Court of Appeal of Florida, Second District.
Dec 9, 2022
352 So. 3d 528 (Fla. Dist. Ct. App. 2022)
Case details for

Enamorado v. State

Case Details

Full title:Carlos Alberto ENAMORADO, Appellant/Cross-Appellee, v. STATE of Florida…

Court:District Court of Appeal of Florida, Second District.

Date published: Dec 9, 2022

Citations

352 So. 3d 528 (Fla. Dist. Ct. App. 2022)